LloydsTSB (merged)

Night_Owl_2

liddled wrote: »

I'm at the same stage and also had no good will gesture, I feel left out. I'm waiting for my court date which may I have been told could be September.

Good Luck

I'm at the same stage!
My only worry is that if I have to wait for a court date in September my overdraft is to be reviewed in September!!! Could Lloyds take it away? because the money I'm claiming for will pay it off if I win.
Good luck.

foxeylady270784

I've started claiming my bank fees from Lloyds TSB. I sent them a latter on the 17th May asking them to pay me the £1019.37 that they owe me in fees & interest. They wrote back to me on 25th May to say the chrges were lawful & that even if they weren't I couldn't claim them back because the fees were for going over my overdraft limit. I wrote back on 31st June to say they could pay me the lesser amount of £900 or else I would be taking them to court. I am now waiting to hear. However, as yet they have not closed my account.

4grand

Hi everyone!, I'm sort of worried / unsure..

I have a notice of hearing letter here, which is easy enough, but page 2 I dont understand:

"Upon considering the file

IT IS ORDERED THAT

1. The defendant's do file and serve skeleton legal arguments at least 21 days before the hearing

2. Claimant at liberty to rely at least 7 days before the hearing."

What on earth does that mean? Do I have to do anything??

4grand

foxeylady270784 wrote: »

I've started claiming my bank fees from Lloyds TSB. I sent them a latter on the 17th May asking them to pay me the £1019.37 that they owe me in fees & interest. They wrote back to me on 25th May to say the chrges were lawful & that even if they weren't I couldn't claim them back because the fees were for going over my overdraft limit. I wrote back on 31st June to say they could pay me the lesser amount of £900 or else I would be taking them to court. I am now waiting to hear. However, as yet they have not closed my account.

They wont close your account for asking, what has happened to some people is that Lloyds close their accounts after they settle.

TheOne

Oh look what I got just out of the blue!... Over a month and a half after I sent them a letter threatening court action!!



Well thats over £1000 less than what I'm claiming. So I think I'll send them a letter saying thank you very much but I'm still going to claim the rest!

Is there a link to the letter you send for this, please, thank you!

Can anyone advise what to do now, and what do do when I have the £750 in the bank. Presumably I would just continue to the small clamins route?

jrobinson4

TheOne wrote: »

Oh look what I got just out of the blue!... Over a month and a half after I sent them a letter threatening court action!!



Well thats over £1000 less than what I'm claiming. So I think I'll send them a letter saying thank you very much but I'm still going to claim the rest!

Is there a link to the letter you send for this, please, thank you!

Can anyone advise what to do now, and what do do when I have the £750 in the bank. Presumably I would just continue to the small clamins route?

Well done, I never got a goodwill gesture - definitely feeling left out!!!
You need to write to them accepting the £750 without prejudice as a part payment of the claim but that you are going to continue to claim the remaining amount outstanding debt.
Jo

4grand

TheOne wrote: »

Oh look what I got just out of the blue!... Over a month and a half after I sent them a letter threatening court action!!



Well thats over £1000 less than what I'm claiming. So I think I'll send them a letter saying thank you very much but I'm still going to claim the rest!

Is there a link to the letter you send for this, please, thank you!

Can anyone advise what to do now, and what do do when I have the £750 in the bank. Presumably I would just continue to the small clamins route?

Just make sure you are accepting this £750 as "part payment" without prejudice and that unless they settle for the final amount in 7 days or whatever, that you will continue with legal proceedings, I got exactly the same, and I'm now waiting for August when I go to court!

vmac

Despite doing various searches I can't keep track, there is just so much. I thought by starting own thread I would be able to get answers more quickly and then just dip into my own thread. If I've done the wrong thing, please accept my apologies for adding to the morass!

As of today, Wednesday June 6, all first steps have been foillowed, letters sent etc. etc.
Like scores of others in recent weeks however, Lloyds popped £750 into my account with a 'full & final' letter. Speaking to them in Andover, I was told that this did not preclude me from pursuing the remainder (total £2942 / interest 566). Their advice was the Ombudsman. My choice, based on the current working timelines of both, is court.

Tonight I plan to use Moneyclaim but am unsure whether I deduct the 750 already paid. I do intend to cover myself with a letter outlining my acceptance of the 750 only as partial settlement. They already have my court threat letter. Do I deduct, or would the deduction occur at the time of settlement ?

Secondly, can I choose my court ? Lloyds hold two addresses on file for me - the address linked to the opening of my account and local branch and a current address.

Thirdly, do court papers go to Andover, or another address ?

Many thanks in advance - I'm happy for posts and / or private messages.

V MacNaughton

Macnaughton Rules - A set of guidelines for an Insanity defense formulated by the Judges of the House of Lords in 1843, used in England until the 1960s:

Persons acting under the influence of an insane delusion are punishable if they knew at the time of committing the crime that they were acting contrary to law.

Every man is presumed sane and to have sufficient reason to be held responsible for his crimes.

To establish a defense on the ground of insanity it must be clearly proved that, at the time of committing the act, the accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing or, if he did know it, that he did not know he was doing what was wrong. If the accused was conscious that the act was one that he ought not to do, and if the act was at the same time contrary to the law of the land, he is punishable.

A person under a partial delusion is to be considered as if the facts with respect to which the delusion exists were real.

lindilou39

[/quote] If you are about to use moneyclaim enter it in the Particulars of Claim. No the court papers dont go to Andover, once you have filed a claim it is in hands of their solicitors, write to the address that offered you 750 and say you accept this offer without prejudice and you intend to claim for the remainder through the court, take a look at the reclaim your bank charges help ..thread before you commit yourself.

Lin

vmac

Hi Lin,
You mean that in the Particulars of Claim I simply mention that I've already received 750 ? And that I don't actually need to deduct it from my original figures ?

It is Andover who sent the letter regarding the 750 - Lloyds 'recovery centre', which has dealt with everything up to now. I will indeed send my next letter to them accepting only partial settlement but do I need to send court papers to Gresham Street ultimately ?

Also just read something on CAG site regarding the glitches than can occur with MCOL and that it may be preferable to file with an N1. Where / how does one get an N1 ?
best wishes